Sec. 18-56. - Findings and purpose.

(a)

The sheriff's department is frequently forced to remove vehicles from a highway, or from public or private property and place them in storage.

(b)

The impounding of motor vehicles by the sheriff's department generates substantial administrative costs relating to the proper removal, impound, storage and release of the vehicles.

(c)

The costs related to such vehicle impounding should properly be borne by the registered owners of such vehicles except in cases where it can be established that the vehicles were stolen at the time of impounding.

(d)

The board of supervisors, in adopting a fee to recoup the administrative costs of releasing such impounded vehicles, is directed by the legislature to establish procedures for the release of such vehicles pursuant to Vehicle Code Section 22850.5.

(e)

The provisions set forth in this article establish the procedures for the release of properly impounded vehicles to facilitate the imposition of a charge equal to the county of Sonoma's administrative costs relating to the removal, impound, storage and release of impounded vehicles.

(f)

The fee for release of an impounded or stored vehicle is established by separate ordinance and may from time to time be modified pursuant to successive ordinances issued by the board of supervisors subsequent to a public fee hearing as administrative costs change.

(Ord. No. 5036 § 1, 1997.)

Sec. 18-57. - Scope and application of this procedure.

The procedures hereinafter set forth shall not apply to vehicles in the custody of the sheriff's department which have been proven to have been stolen from their lawful owners. Release of a vehicle may be indefinitely withheld in the event the sheriff becomes aware of competing claimants. In such cases, the matter will be referred to county council for appropriate civil disposition.

(Ord. No. 5036 § 1, 1997.)

Sec. 18-58. - Release procedures.

(a)

Vehicles shall be released only to the current registered or legal owner upon satisfactory proof of current vehicle registration.

(b)

The registered or legal owner shall bring acceptable photo identification and current vehicle registration to the sheriff's department. These documents may be presented at the front desk of the sheriff's department at the Hall of Justice, 600 Administration Drive, Santa Rosa, California on any day of the week during normal working hours.

(c)

After examination of the documents submitted for review, sheriff's department personnel shall determine whether the vehicle can be released to the registered owner/legal owner. All persons taking custody of the vehicle must be legally entitled to operate a motor vehicle of the class being released upon public roadways, or, in lieu thereof, be in the company of a driver licensed to operate such a motor vehicle.

(d)

If the above conditions are satisfied, the registered owner/legal owner will be asked to pay a release fee in cash, or personal check, or with a cashier's check. Payment of the release fee shall not be required if a copy of a theft report to a law enforcement agency is presented which establishes that the vehicle had been stolen prior to the time of the vehicle impound.

(e)

A receipt shall be issued for payment and a release form will be generated by the sheriff's department identifying the vehicle and the person authorized to take custody of the vehicle.

(f)

Once a release form is issued, the owner can retrieve the vehicle from the tow company upon presentation of the authorized release. The department shall also send a copy of the release to the tow company to verify the document's authenticity.

(Ord. No. 5036 § 1, 1997.)